Renting a car can be complicated. Unwinding the insurance issues when a rental in involved in an accident requires untangling the intersection of state and federal law. A new Tennessee Supreme Court ruling gives some guidance. Tennessee’s Financial Responsibility statutes, Tenn. Code Ann. § 55-12-101 et seq., mandate that Tennessee motorists have auto insurance. Specifically, a Tennessee...read more
An exculpatory clause waives the right to sue. A recent Court of Appeals case shows that it the waiver can be far broader than you may realize. Case Sandra Gibson v. Young Men’s Christian Association of Middle Tennessee Background Plaintiff Sandra Young fell after she tripped on an allegedly uneven or cracked sidewalk just outside the entrance of her local YMCA where she was a member. Ms....read more
The Tennessee Supreme Court recently issued its opinion in Circle C Construction, LLC. v. D. Sean Nilsen, resulting in the reinstatement of a professional negligence case against a law firm (commonly referred to as a “malpractice” claim). The question in the case was whether a tolling agreement regarding the filing of suit precluded the later use of the “savings...read more
On September 17, 1787, “the People” embarked on journey to establish justice for all posterity.
On #ConstitutionDay, we are proud to reflect on the accomplishments of this great experiment in democracy and renew our commitment to the goals of liberty and justice for all. https://t.co/gTwg2KZ8i0